Bill S6561-2011

Authorizes the adoption of a local law requiring certain individuals to pay the local probation department an administrative fee of up to twenty dollars per month

Authorizes the adoption of a local law requiring certain individuals currently serving or who shall be sentenced to a period of probation upon conviction of any crime to pay the local probation department with the responsibility of supervising the probationer an administrative fee of up to twenty dollars per month.

Details

Actions

  • Jun 21, 2012: COMMITTED TO RULES
  • May 21, 2012: ADVANCED TO THIRD READING
  • May 16, 2012: 2ND REPORT CAL.
  • May 15, 2012: 1ST REPORT CAL.807
  • Mar 20, 2012: REPORTED AND COMMITTED TO FINANCE
  • Feb 27, 2012: REFERRED TO CRIME VICTIMS, CRIME AND CORRECTION

Meetings

Votes

VOTE: COMMITTEE VOTE: - Crime Victims, Crime and Correction - Mar 20, 2012
Ayes (10): Nozzolio, DeFrancisco, Gallivan, Griffo, Little, Maziarz, Ranzenhofer, Ritchie, Kennedy, Peralta
Nays (4): Rivera, Hassell-Thompson, Montgomery, Espaillat

Memo

BILL NUMBER:S6561

TITLE OF BILL:

An act to amend the executive law, in relation to authorizing the adoption of a local law requiring certain individuals currently serving or who shall be sentenced to a period of probation upon conviction of any crime to pay the local probation department with the responsibility of supervising the probationer an administrative fee of up to twenty dollars per month

PURPOSE:

This bill will provide county probation departments with assistance in providing costly probationary services.

SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 257-c of the executive law as it relates to authorizing counties to imposed an administrative fee of up to twenty dollars per month for persons serving probation for any crime.

Section 2 relates to the effective date.

JUSTIFICATION:

Currently, probation departments may out into collecting an administrative fee of thirty dollars per month for the supervision of persons convicted of drinking while driving crimes. The admin- istrative fee recoups costs associated with the supervision of probationers. Probation is a costly service that is provided by the county and is mandated by state law. This bill would authorize county government to set an administrative fee of up to twenty dollars for all other crimes that a person is on probation for. This will relieve the financial burden of providing supervision to Probationers.

LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS:

None, but there will be cost savings to the local county probation departments.

EFFECTIVE DATE:

This act shall take effect immediately; provided that the amendments to section 257-c of the executive law made by section one of this act shall not affect the expiration of such section and shall expire therewith.


Text

STATE OF NEW YORK ________________________________________________________________________ 6561 IN SENATE February 27, 2012 ___________
Introduced by Sens. DeFRANCISCO, JOHNSON, LARKIN, MARTINS, O'MARA, RANZENHOFER, SEWARD -- read twice and ordered printed, and when print- ed to be committed to the Committee on Crime Victims, Crime and Correction AN ACT to amend the executive law, in relation to authorizing the adoption of a local law requiring certain individuals currently serv- ing or who shall be sentenced to a period of probation upon conviction of any crime to pay the local probation department with the responsi- bility of supervising the probationer an administrative fee of up to twenty dollars per month THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 257-c of the executive law, as added by chapter 55 of the laws of 1992, subdivision 5 as amended by section 58 of part A of chapter 56 of the laws of 2010, is amended to read as follows: S 257-c. Probation administrative fee. 1. Notwithstanding any other provision of law, every county and the city of New York, may adopt a local law requiring individuals currently serving or who shall be sentenced to a period of probation upon conviction of any crime under article thirty-one of the vehicle and traffic law to pay to the local probation department with the responsibility of supervising the proba- tioner an administrative fee of thirty dollars per month. The department shall waive all or part of such fee where, because of the indigence of the offender, the payment of said surcharge would work an unreasonable hardship on the person convicted, his or her immediate family, or any other person who is dependent on such person for financial support. 2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EVERY COUNTY AND THE CITY OF NEW YORK, MAY ADOPT A LOCAL LAW REQUIRING INDIVIDUALS CURRENTLY SERVING OR WHO SHALL BE SENTENCED TO A PERIOD OF PROBATION UPON CONVICTION OF ANY CRIME, EXCEPT THOSE UNDER ARTICLE THIRTY-ONE OF THE VEHICLE AND TRAFFIC LAW, TO PAY THE LOCAL PROBATION DEPARTMENT WITH THE RESPONSIBILITY OF SUPERVISING THE PROBATIONER AN ADMINISTRATIVE FEE OF UP TO TWENTY DOLLARS PER MONTH. THE DEPARTMENT SHALL WAIVE ALL OR PART OF SUCH FEE WHERE, BECAUSE OF THE INDIGENCE OF THE OFFENDER, THE PAYMENT
OF SAID SURCHARGE WOULD WORK AN UNREASONABLE HARDSHIP ON THE PERSON CONVICTED, HIS OR HER IMMEDIATE FAMILY, OR ANY OTHER PERSON WHO IS DEPENDENT ON SUCH PERSON FOR FINANCIAL SUPPORT. 3. The provisions of subdivision six of section 420.10 of the criminal procedure law shall govern for purposes of collection of the administra- tive fee. [3.] 4. The probation administrative fee authorized by this section shall not constitute nor be imposed as a condition of probation. [4.] 5. In the event of non-payment of any fees which have not been waived by the local probation department, the county or the city of New York may seek to enforce payment in any manner permitted by law for enforcement of a debt. [5.] 6. Monies collected pursuant to this section shall be utilized for probation services by the local probation department. Such moneys shall not be considered by the division when determining state aid pursuant to section two hundred forty-six of the executive law. Monies collected shall not be used to replace federal funds otherwise utilized for probation services. S 2. This act shall take effect immediately; provided that the amend- ments to section 257-c of the executive law made by section one of this act shall not affect the expiration of such section and shall expire therewith.

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